New Panvel Court

[Earleen Muffley]

Raigadand Thane were joint District and Sessions Court till 1949. After separated from Thane, independent District and Sessions Court for Kolaba was established. Shri. B.V. Manjeshwar was the first District & Sessions Judge of Kolaba District. When this District was joined with Thane, the District & Sessions Judge from Thane used to have one sitting at Alibag for fifteen days in a month. All Sessions trials were conducted during that sitting. In 1949 Separate Session Division Court was granted to Kolaba. The District and Sessions Judge was to sit in a separate building belonging to P.W.D., which is now occupied by J.S.M. College. In 1962 new building for the court was constructed and since then the District and Sessions Court and all other Courts are situated in that building. Formerly Raigad was Kolaba District. In 1982 it was named as Raigad District as the Great Chatrapati Shivaji Maharaj, the king of Maharashtra had his capital of Raigad for, which is situated in this District.

The State government had issued a notification on July 18, saying that the court will move to Panvel from July 27. It will be inaugurated by the Justice of High Court Riyaz Chagla, and begin operations on July 29.

While the old building in Alibaug has six Judicial Magistrate First Class (JMFC) and civil judge junior division courts, the new one in Panvel will have five civil judge senior divisions and one civil judge junior division court. The district and sessions court will cover civil and criminal cases from the talukas of Panvel, Uran, Khalapur and Karjat.

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The Bombay High Court on Tuesday questioned the move by the Panvel Municipal Corporation (PMC) demanding over Rs1,200 crore as property tax, with retrospective effect from 2016, from residents of areas in the municipal limits, which were earlier a part of zilla parishad.

A bench of Chief Justice DK Upadhyaya and Justice Arif Doctor was hearing a public interest litigation (PIL) petition filed by Kharghar Forum, a public trust run by a sitting corporator Leena Gharat, challenging two orders passed by the PMC commissioner on November 16, 2019 and May 12, 2021 fixing the rateable value of the properties in these areas and directing them to pay property tax from 2016, when the PMC was incorporated.

Kumbhakoni pointed out that earlier petitions were filed challenging individual tax notices, which are pending before the SC. The HC, hence, kept the matter for hearing after the pronouncement of judgment by the apex court.

Enables online submission of Vakalat by the clients to the advocates and advocates further accepting it in the e-Filing software. This feature helps to authenticate and handshake advocates with the clients for exchanging information electronically.

Enables online payment of court fee, judicial deposit, fine, etc by integrating respective state treasury payment gateway with the eFiling software. In addition, service of online payment for use of adhesive court fee stamp affixed on application is also provided through court fee wallet.

Enables management of new as well as existing cases through portfolio and case planner. The facilities to search cases, add events to the case calendar and add or delete cases from portfolio are provided. Cases can also be imported from or exported to eCourts services mobile app.

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In an important development, the Bombay High Court has declined to grant a stay on the collection of property tax by the Panvel Municipal Corporation (PMC). This decision came in response to a Public Interest Litigation (PIL) filed by the Kharghar Colony Forum, a citizens' group, challenging the property tax collection.

A segment of residents within the PMC jurisdiction has been contesting the retrospective property tax collections imposed by the corporation. The PMC, established in October 2016, formally approved a proposal in January 2019. While the corporation has been levying taxes since its inception, citizens argue that they should only be liable for taxes from the time the proposal was passed. They contend that they had already been paying taxes to CIDCO during the interim period and have approached the court to contest the imposition of retrospective and dual taxes.

"During the hearing of the petition on March 6, Chief Justice Arif Doctor declined to issue a stay on tax collection by the corporation within its jurisdiction," stated Advocate Kedar Dighe, representing the corporation. However, the final verdict on the petition is scheduled for March 26.

The PMC encompasses approximately 3.50 lakh property holders, including residential, non-residential, commercial, and industrial properties. In the current fiscal year, spanning from April 1, 2023, to March 6, 2024, the civic body has already amassed around Rs 270 crores in property tax revenue. Property tax serves as the primary revenue source for the corporation, and civic chief Ganesh Deshmukh has urged residents to contribute towards the city's development by fulfilling their tax obligations.

The court said that the cases cited by the husband and the observation made therein were restricted to the facts of those cases and that merely because the wife was traveling to Pune would not disentitle her from filing a transfer application.

The high court was hearing a writ petition filed by a wife wherein she had prayed that the case before the trial court should be transferred to Panvel from Pune. In her plea, she had sought transfer on the ground that it was inconvenient for her to travel to Pune to attend the hearing on each and every date and that she was dependent on her parents for her income. She also stated that she was not acquainted with any lawyer in Pune.

The husband in his reply submitted that there were material suppression of facts. He argued that when the applicant was working she used to travel to Pune and that she had also traveled to various states in India and also Malaysia. He further submitted that it would be inconvenient for him to travel to Panvel since he has to take care of his mother in Pune.

The court said that it was a settled principle that ordinarily the convenience of the wife needs to be considered while deciding an application for transfer of proceedings. The court rejected the judgments cited by the husband on the grounds that they arose out of peculiar facts of each case and the observation made therein were restricted to the facts of the case.

The court allowed the husband to file an application before the criminal court to fix the matters pending before it on the same day fixed by Civil Judge, Senior Division Panvel, and asked the criminal court to list the matter on the same date if it is possible.

In this case, the application was filed by the wife for transfer of Marriage Petition filed by husband at Family Court, Pune to Civil Judge, Senior Division, Panvel. The transfer was sought on the ground that it was inconvenient for her to travel to Pune to attend the hearing on each and every date and that she was dependent on her parents for the purpose of income.

The husband filed reply and contested the application stating that there was suppression of material facts. He further stated that it would be inconvenient for him to travel to Panvel, as he used to take care of his mother and his wife had already travelled to various states in India and to Malaysia.

The Court, however, allowed the husband to file an appropriate application before the Criminal Court to fix the matters pending before it on the same day fixed by Civil Judge, Senior Division Panvel, and directed the criminal court to list the matter on the same date if possible.

In the year 1968-69 the present building of District Court was constructed, Annex building in the year 2002 and the building of Family Court and Fast Track court constructed on the same plot in the year 2009.

In the campus of the court building, District and Sessions Court, Fast Track Courts, Family Court, Court of Civil Judge Senior Division, Court of Civil Judge Junior Division and Co-operative Court and their offices are functioning.

The above court building of Satara District Court was inaugurated on 2nd April 2003, at auspicious hands of Hon'ble The Chief Justice Shri C. K. Thakkar, Bombay High Court, (as his Lordship then was) on the auspicious day of "Gudhi Padwa". The construction work of the building of Satara District Court was commenced in year 1996 and was completed in year 2003. Total area of court premises is 13460 Sq.Mtrs. and total area of court building is 4038 Sq.Mtrs. The Court building is situated at Eastern side of Satara city at a distance of approximately 1 km from NH-4. The building is situated in the Sadar Bazar Camp area and surrounded by the Collector Office, Treasury Office, Zilla Parishad Office and P.W.D. building. The Court building is very spacious/sophisticated consisting of 20 court halls. There are 11 Taluka Courts working under District Court Satara.

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